NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE C. ADMINISTRATION
CHAPTER 33. MANAGEMENT OF COASTAL PUBLIC LAND
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 33.001.
POLICY.
(a)
The surface estate in the coastal
public land of this state constitutes an important and valuable
asset dedicated to the permanent school fund and to all the people
of Texas, and it is the declared policy of this state that the
estate be managed pursuant to the policies stated in the following
subsections of this section.
(b)
The natural resources of the surface estate in coastal
public land shall be preserved.
These resources include the
natural aesthetic values of those areas and the value of the areas
in their natural state for the protection and nurture of all types
of marine life and wildlife.
(c)
Uses which the public at large may enjoy and in which the
public at large may participate shall take priority over those uses
which are limited to fewer individuals.
(d)
The public interest in navigation in the intracoastal
water shall be protected.
(e)
Unauthorized
use
of
coastal
public
land
shall
be
prevented.
(f)
Utilization and development of the surface estate in the
coastal public land shall not be allowed unless the public interest
as expressed by this chapter is not significantly impaired by it.
(g)
For the purposes of this chapter, the surface estate in
coastal public land shall not be alienated except by the granting
of leaseholds and lesser interests and by exchanges of coastal
public land for littoral property as provided in this chapter.
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(h)
Vested rights in land shall be protected, subject to the
paramount authority of the state in the exercise of police powers
to regulate the exercise of these rights, and the orderly use of
littoral property in a manner consistent with the public policy of
this state shall not be impaired.
Acts 1977, 65th Leg., p. 2382, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.002.
PURPOSE.
The purpose of this chapter is to
implement the policies stated in Section 33.001 by delegating to
the board, assisted by the appropriate staff of the land office,
certain responsibilities and duties with respect to the management
of the surface estate in coastal public land.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 1, eff.
September 1, 2007.
Sec. 33.003.
SHORT TITLE.
This chapter may be cited as the
Coastal Public Lands Management Act of 1973.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.004.
DEFINITIONS.
In this chapter:
(1)
"Land office" means the General Land Office.
(2)
"Commissioner" means the Commissioner of the General
Land Office.
(2-a)
"Committee"
means
the
Coastal
Coordination
Advisory Committee.
(3)
"Board" means the School Land Board.
(4)
"Person" means any individual, firm, partnership,
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association, corporation which is public or private and profit or
nonprofit, trust, or political subdivision or agency of the state.
(5)
"Coastal area" means the geographic area comprising
all the counties in Texas which have any tidewater shoreline,
including that portion of the bed and water of the Gulf of Mexico
within the jurisdiction of the State of Texas.
(6)
"Coastal public land" means all or any portion of
state-owned submerged land, the water overlying that land, and all
state-owned islands or portions of islands in the coastal area.
(7)
"Island" means any body of land surrounded by the
water of a saltwater lake, bay, inlet, estuary, or inland body of
water within the tidewater limits of this state and shall include
man-made islands resulting from dredging or other operations.
(8)
"Management program" means the coastal management
program provided by this chapter.
(9)
"Seaward" means the direction away from the shore
and toward the body of water bounded by the shore.
(10)
"Structure"
means
any
structure,
work,
or
improvement constructed on, affixed to, or worked on coastal public
land, including fixed or floating piers, wharves, docks, jetties,
groins, breakwaters, artificial reefs, fences, posts, retaining
walls,
levees,
ramps,
cabins,
houses,
shelters,
landfills,
excavations, land canals, channels, and roads.
(11)
"Submerged land" means any land extending from the
boundary between the land of the state and the littoral owners
seaward to the low-water mark on any saltwater lake, bay, inlet,
estuary, or inland water within the tidewater limits, and any land
lying beneath the body of water, but for the purposes of this
chapter only, shall exclude beaches bordering on and the water of
the open Gulf of Mexico and the land lying beneath this water.
(12)
"Littoral owner," in this chapter only, means the
owner of any public or private upland bordered by or contiguous to
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coastal public land.
(13)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96,
Sec. 19(1), eff. September 1, 2011.
(14)
"Coastal zone" means the portion of the coastal
area located within the boundaries established by the coastal
management program under Section 33.053(a)(1).
(15)
"Network" means the Texas Coastal Ocean Observation
Network.
Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1995, 74th Leg., ch. 416, Sec. 1, eff.
June 8, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 719 (S.B. 471), Sec. 1, eff. June
17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 2, eff.
September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(1),
eff. September 1, 2011.
Sec. 33.005.
EFFECT OF CHAPTER.
(a)
This subchapter does
not repeal Subchapter B, Chapter 436, Health and Safety Code, or
the following provisions of the Parks and Wildlife Code:
Chapters
83 and 86, Subchapter A of Chapter 46, Subchapter A of Chapter 76,
Subchapter B of Chapter 81, Subchapter G of Chapter 82, Subchapter
C of Chapter 216, or Sections 66.101, 66.107, 66.112 through
66.118, 66.205, 76.031 through 76.036, 78.001 through 78.003,
81.002, 136.047, 184.024, 201.015, or 335.025.
(b)
None of the provisions of this chapter may be construed
to alter, amend, or revoke any existing right granted pursuant to
any law.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(100),
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eff. Sept. 1, 1991.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 33.011.
CHAPTER.
BOARD TO ADMINISTER, IMPLEMENT, AND ENFORCE
The board is the executive agency of the state charged
with the administration, implementation, and enforcement of this
chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.012.
LAND OFFICE TO ASSIST BOARD.
The appropriate
staff of the land office shall assist the board in the discharge of
its responsibilities and duties under this chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 1, eff.
September 1, 2007.
Sec. 33.013.
ADDITIONAL PERSONNEL.
The commissioner may
employ any additional personnel in the land office that may be
necessary for the board to perform effectively its functions under
this chapter.
Acts 1977, 65th Leg., p. 2384, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.015.
SPECIAL ACCOUNT.
(a)
A dedicated account is
created, and money received by the board for the grant of permits
under this chapter shall be deposited in the State Treasury to the
credit of this dedicated account.
(b)
Sections 403.094(h) and 403.095(b), Government Code, do
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not apply to the dedicated account created under this section.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 9, eff.
Sept. 1, 1993.
Sec. 33.016.
DISPOSITION OF OTHER FUNDS.
Money received by
the board for the grant of any interest not under Section 33.015 of
this code shall be deposited in the State Treasury to the credit of
the permanent school fund.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 2003, 78th Leg., ch. 328, Sec. 5, eff.
Jan. 1, 2004.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 33.051.
GENERAL DUTY.
The board, the commissioner, the
land office, and the network shall perform the duties provided in
this subchapter.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 33, eff.
June 7, 1991;
Acts 1995, 74th Leg., ch. 416, Sec. 2, eff. June 8,
1995.
Amended by:
Acts 2005, 79th Leg., Ch. 719 (S.B. 471), Sec. 2, eff. June
17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 3, eff.
September 1, 2011.
Sec. 33.052.
(a)
DEVELOPMENT
OF
COASTAL
MANAGEMENT
PROGRAM.
The commissioner shall develop a continuing comprehensive
coastal management program pursuant to the policies stated in
Section 33.202.
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(b)
In developing the program, the land office shall act as
the lead agency to coordinate and implement a comprehensive coastal
management program for the management of uses affecting coastal
natural resource areas, in cooperation with other state agencies
that have duties relating to coastal matters.
The program shall
implement the policies stated in Section 33.202 and shall include
the elements listed in Section 33.053.
(c)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec.
19(2), eff. September 1, 2011.
(d)
For purposes of Subsections (a) and (b) of this section,
"coastal natural resource areas" has the meaning assigned by
Section 33.203 of this code.
(e)
This section does not add to or subtract from the duties
and responsibilities of a state agency other than the land office,
the commissioner, and the board.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1989, 71st Leg., ch. 1145, Sec. 1, eff.
Sept. 1, 1989;
7, 1991;
Acts 1991, 72nd Leg., ch. 295, Sec. 34, eff. June
Acts 1995, 74th Leg., ch. 76, Sec. 11.263, eff. Sept. 1,
1995;
Acts 1995, 74th Leg., ch. 165, Sec. 22(52), eff. Sept. 1,
1995;
Acts 1995, 74th Leg., ch. 416, Sec. 2, eff. June 8, 1995;
Acts 2001, 77th Leg., ch. 70, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 4, eff.
September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 5, eff.
September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 6, eff.
September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(2),
eff. September 1, 2011.
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Sec. 33.053.
ELEMENTS OF COASTAL MANAGEMENT PROGRAM.
(a)
The coastal management program, in compliance with the Coastal Zone
Management Act of 1972 (16 U.S.C. Section 1451 et seq.), shall
include the following elements:
(1)
an identification of the boundaries of the coastal
zone subject to the coastal management program as provided by
Section 33.2053(k);
(2)
a continuous analysis of the potential uses for the
land and water within the coastal zone, including recommendations
as to which configurations of uses consonant with the policies of
this chapter maximize the benefits conferred on the present and
future citizens of Texas;
(3)
guidelines
on
the
priority
of
uses
within
the
coastal zone, including specifically those uses of lowest priority;
(4)
a list of the uses of the land and water within the
coastal zone that are permissible under state law and under agency
or subdivision actions described by Sections 33.2051 and 33.2053
and that would have a direct and significant impact on the coastal
waters;
(5)
recommendations as to increments of jurisdiction or
authority necessary to protect land and water within the coastal
zone from direct and significant detrimental consequences flowing
from the uses of adjacent land;
(6)
an inventory of designated coastal natural resource
areas, as defined by Section 33.203, in the coastal zone;
(7)
which
the
a description of the organizational structure by
coastal
management
program
is
implemented
and
administered;
(8)
a compilation of state constitutional provisions,
laws, rules, and judicial decisions under which the state proposes
to exercise control over the uses of land and water described by
Subdivision (4);
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(9)
a list of each agency or subdivision action, as
described by Sections 33.2051 and 33.2053, that may have a direct
and significant detrimental impact on coastal natural resource
areas;
(10)
a list of each federal agency action or activity
and each outer continental shelf plan that may have a direct and
significant detrimental impact on coastal natural resource areas;
(11)
33.2051,
a procedure, as described under Sections 33.205,
33.2052,
33.2053,
33.206,
33.208,
and
33.209,
for
determining the consistency of an agency or subdivision action or a
federal agency action or activity or outer continental shelf plan
with the goals and policies of the coastal management program;
(12)
a definition of "gulf beach," as defined by Section
33.203, and a description of the statutory planning process or
program for protection of and access to public beaches and other
public coastal areas of environmental, recreational, historical,
aesthetic, ecological, or cultural value;
(13)
a description of the statutory planning process or
program for energy facilities likely to be located in, or that may
directly and significantly affect, the coastal zone;
(14)
a description of the statutory planning process or
program for:
(A)
assessing the effects of shoreline erosion;
(B)
studying and evaluating ways to control or
reduce the impact of shoreline erosion;
(C)
restoring
areas
and
detrimentally
affected
by
shoreline erosion;
(15)
a description of the state's statutory program
regulating nonpoint source water pollution, as it relates to the
coastal zone;
(16)
and
an explanation of the relationship of specific
policies of the coastal management program to:
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(b)
(A)
protection of resources;
(B)
management of coastal development;
(C)
simplification of governmental procedures.
and
For purposes of Subsections (a)(9) and (a)(11), "agency
or subdivision action" has the meaning assigned by Section 33.203.
(c)
For purposes of Subsections (a)(10) and (a)(11), "federal
agency action," "federal agency activity," and "outer continental
shelf plan" have the meanings assigned by Section 33.203.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1995, 74th Leg., ch. 416, Sec. 2, eff.
June 8, 1995.
Sec. 33.054.
REVIEW AND AMENDMENT OF MANAGEMENT PROGRAM.
The
commissioner may review the management program periodically and may
amend
the
management
program
as
new
information
or
changed
conditions may warrant.
Acts 1977, 65th Leg., p. 2385, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 35, eff.
June 7, 1991.
Sec. 33.055.
PROGRAM.
In
PUBLIC HEARINGS TO CONSIDER COASTAL MANAGEMENT
developing,
reviewing,
or
amending
the
coastal
management program, after due notice to affected persons and the
public generally, the commissioner shall hold or have held public
hearings as the commissioner determines to be appropriate.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 36, eff.
June 7, 1991;
Acts 1995, 74th Leg., ch. 416, Sec. 2, eff. June 8,
1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 7, eff.
September 1, 2011.
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Sec. 33.056.
LAND.
(a)
STRUCTURES ON LAND ADJACENT TO COASTAL PUBLIC
On receipt of appropriate applications, the board shall
register existing structures extending on coastal public land from
adjacent land not owned by the state.
(b)
Insofar as consonant with the policies of this chapter,
the board may regulate the placement, length, design, and the
manner of construction, maintenance, and the use of all structures
which are built so that they extend on coastal public land from
adjacent land not owned by the state.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.057.
GIFTS OF INTERESTS IN LAND.
(a)
The board may
accept gifts of interests in land, and these interests shall become
part of the permanent school fund unless otherwise designated by
the grantor.
(b)
At the discretion of the board, the land may be managed
as if it were coastal public land within the meaning of this
chapter.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.058.
(a)
land
PURCHASE OF FEE AND LESSER INTERESTS IN LAND.
The board may select and purchase fee and lesser interests in
of
the
coastal
area
for
the
creation,
maintenance,
or
protection of wildlife refuges, estuarine preserves, natural scenic
reserves, historical or archaeological sites, public recreational
areas, and research facilities.
(b)
The interests may be purchased by the board with money
acquired by gift or grant, but the interests may not be obtained by
condemnation.
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(c)
part
of
Interests acquired under this section shall not become a
the
permanent
free
school
fund
unless
they
are
so
designated by the board.
(d)
In the discretion of the board, the interests may be
managed as if they were coastal public land within the meaning of
this chapter regardless of whether they fall within the meaning of
coastal public land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.059.
STUDIES.
The board may study various coastal
engineering problems, including the protection of the shoreline
against erosion, the design and use of piers, groins, seawalls, and
jetties,
and
the
effects
of
various
structures,
works,
and
improvements on the physical and biological systems of the coastal
public land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.060.
LOCATING AND MARKING BOUNDARIES.
The board may
locate and have marked on the ground the boundaries separating
coastal public land from other land.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.061.
evaluate
any
instances
of
COMPLAINTS.
complaint
or
unauthorized
(a)
report
The board shall receive and
from
construction,
any
person
concerning
maintenance,
use,
or
assertion of control of any structure on coastal public land.
(b)
The board shall refer to the attorney general all cases
warranting
judicial
remedies,
and
the
attorney
general
shall
immediately initiate judicial proceedings for the appropriate
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relief.
Acts 1977, 65th Leg., p. 2386, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.062.
DESIGNATED OFFICIAL REPRESENTATIVE.
The board
is designated and shall serve as the official representative of the
governor of the state to conduct with the federal government any
business concerning any matter affecting the coastal public land
which arises out of the exercise by the federal government of any
authority it may have over navigable water under the Constitution
of the United States.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.063.
FEES.
The board may prescribe reasonable filing
fees and fees for granting leases, easements, permits, and other
interests in or rights to use coastal public land.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 1, eff.
September 1, 2007.
Sec. 33.064.
RULES.
The board may adopt procedural and
substantive rules which it considers necessary to administer,
implement, and enforce this chapter.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.065.
TEXAS COASTAL OCEAN OBSERVATION NETWORK.
(a)
The Texas Coastal Ocean Observation Network is a cooperative
project of Texas A&M University--Corpus Christi, Lamar University,
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the Texas Water Development Board, and the land office.
(b)
The network shall collect data on natural processes
affecting the coast for the purpose of studying, planning for, and
managing human uses of the coast as they are affected by those
natural processes.
(c)
The participating state entities shall coordinate the
project with the United States Army Corps of Engineers, the
National
Oceanic
and
Atmospheric
Administration,
and
other
appropriate entities, including private entities.
(d)
The participating state entities may contract and enter
into agreements with the United States Army Corps of Engineers, the
National
Oceanic
and
Atmospheric
Administration,
and
other
appropriate entities, including private entities, as necessary to
carry out their duties under this section.
Added by Acts 2005, 79th Leg., Ch. 719 (S.B. 471), Sec. 3, eff.
June 17, 2005.
SUBCHAPTER D. RIGHTS IN COASTAL PUBLIC LAND
Sec. 33.101.
LAND.
APPLICATION TO ACQUIRE RIGHTS IN COASTAL PUBLIC
Any person who desires to acquire rights in the surface
estate in any coastal public land shall make application to the
board in writing in the form prescribed by the board.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.102.
CONTENTS OF APPLICATION.
The application to
acquire rights in coastal public land shall include any information
the board considers necessary to process the application, including
information necessary to evaluate the purpose for which the land is
to be used.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff. Sept.
Page -14 -
1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 1, eff.
September 1, 2007.
Sec. 33.103.
(a)
INTERESTS WHICH MAY BE GRANTED BY THE BOARD.
The board may grant the following interests in coastal public
land for the indicated purposes:
(1)
leases for public purposes;
(2)
easements for purposes connected with:
(A)
ownership of littoral property; or
(B)
the operation of a facility operated by an
existing channel and dock corporation that was issued articles of
incorporation under Chapters 13 and 14, Title 32, Revised Statutes;
(3)
permits
authorizing
limited
continued
use
of
previously unauthorized structures on coastal public land not
connected with ownership of littoral property;
(4)
channel easements to the holder of any surface or
mineral interest in coastal public land for purposes necessary or
appropriate to the use of the interests; and
(5)
subject to Section 33.001(g), any other interest in
coastal public land for any purpose if the board determines that
the grant is in the best interest of the state.
(b)
feet
of
The board may not grant any interest in land within 2,500
a
military
commissioner's
base
designee,
unless
after
the
commissioner
consultation
with
or
the
appropriate
military authorities, determines that the grant will not adversely
affect the mission of the military base.
Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1985, 69th Leg., ch. 923, Sec. 1, eff.
Aug. 26, 1985;
Acts 2003, 78th Leg., ch. 149, Sec. 12, eff. May
27, 2003.
Page -15 -
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 2, eff.
September 1, 2007.
Sec. 33.104.
TRANSACTION.
DETERMINATION OF TERMS OF GRANT; CONSUMMATION OF
If the board approves the application, the board
shall determine the terms, conditions, and consideration for the
grant of an interest in or right to use coastal public land and may
consummate the transaction.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 3, eff.
September 1, 2007.
Sec. 33.105.
PERSONS TO WHOM INTEREST IN LAND MAY BE GRANTED.
The board may grant to any person an interest in coastal public
land if the board determines that the grant is in the best interest
of the state.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 3, eff.
September 1, 2007.
Sec. 33.106.
POLICIES, PROVISIONS, AND CONDITIONS OF LEASES.
In addition to policies generally applicable under this chapter,
leases granted under this subchapter shall be subject to the
policies, provisions, and conditions stated in Sections 33.107
through 33.110 of this code.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
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Sec. 33.107.
PROTECTION OF RIGHTS.
The littoral rights of
the adjacent upland owner shall be protected in a lease.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
not
Sec. 33.108.
RIGHTS OF THE PUBLIC.
Members of the public may
be
from
land
excluded
coastal
public
leased
for
public
recreational purposes or from an estuarine preserve.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.109.
PUBLIC LAND.
(a)
COUNTIES AND CITIES ELIGIBLE TO LEASE COASTAL
A county is eligible to apply for a lease of
coastal public land inside the county and outside the boundaries of
any incorporated city, town, or village for public recreational
purposes.
(b)
An incorporated city, town, or village is eligible to
lease coastal public land within its corporate boundaries for
public recreational purposes.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.110.
approval
of
recreational
the
CONTRACTS
board,
purposes
a
may
AND
FRANCHISES.
lessee
enter
granted
into
a
(a)
lease
contracts
With
for
and
the
public
franchise
agreements to promote public recreation.
(b)
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1256, Sec.
24, eff. September 1, 2007.
Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by:
Page -17 -
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 24,
eff. September 1, 2007.
Sec. 33.111.
easement
rights
GRANTING EASEMENTS.
to
the
owner
of
(a)
The board may grant
adjacent
littoral
property
authorizing the placement or location of a structure on coastal
public land for purposes connected with the ownership of littoral
property.
(b)
The
board
may
grant
easement
rights
to
construct
channels, wharves, docks, and marinas to an existing corporation
that was issued articles of incorporation under Chapters 13 and 14,
Title 32, Revised Statutes.
(c)
Notwithstanding any provision in its charter or articles
of incorporation to the contrary, a corporation described in
Subsection (b) of this section may only obtain the use of or
acquire property from the state as provided by that subsection.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1985, 69th Leg., ch. 923, Sec. 2, eff.
Aug. 26, 1985.
Sec. 33.112.
FAILURE TO OBTAIN AN EASEMENT.
(a)
Any owner
of littoral property or any person acting under the owner of
littoral property who for purposes connected with the ownership of
the littoral property shall construct or fix or place on coastal
public land any structure without first obtaining an easement from
the land office is subject to a civil penalty of not more than
$200.
(b)
Each day the structure remains on or is affixed to
coastal public land constitutes a separate offense.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Page -18 -
Sec. 33.113.
INTERPRETATION OF EASEMENT GRANT.
The grant of
an easement under Section 33.111 of this code and the waiver under
Section 33.115 of this code shall not be construed as recognition
of a right existing in the littoral owner incident to the ownership
of littoral property.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.114.
EASEMENTS.
POLICIES,
PROVISIONS,
AND
CONDITIONS
OF
In addition to the policies, provisions, and conditions
generally applicable in this chapter, each grant of an easement is
subject to the policies, provisions, and conditions of Sections
33.115 and 33.117 of this code.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.115.
PIERS.
(a)
Without obtaining an easement from
the board, the owner of littoral property may construct a pier on
adjacent coastal public land if the pier:
(1)
is not used for commercial purposes;
(2)
is 115 feet or less in length and 25 feet or less in
width; and
(3)
(b)
requires no filling or dredging.
In addition to the provisions of Subsection (a), the
board may adopt rules with limitations and requirements that are
consistent with the policies stated in Section 33.001 of this code
that allow an owner of littoral property to construct a pier with
associated appurtenances on adjacent coastal public land without
first obtaining an easement from the board.
(c)
The location and dimensions of the pier and description
of any associated appurtenances must be registered with the board
in the manner provided in this chapter.
Page -19 -
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 2001, 77th Leg., ch. 366, Sec. 1, eff.
May 26, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 58 (H.B. 932), Sec. 1, eff. May 17,
2005.
Sec. 33.116.
FAILURE TO REGISTER PIER.
Any owner of littoral
property who fails to register the location and dimensions of the
pier which is authorized to be constructed under Section 33.115 of
this code is subject to a civil penalty of not more than $200.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.117.
PUBLIC POLICY OF STATE TO BE CONSIDERED.
In
administering Sections 33.111 through 33.115 of this code, the
board shall consider the public policy of the state that the
orderly use of privately owned littoral property in a manner
consistent
with
the
public
policy
of
the
state
will
not
be
impaired.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.118.
SINGLE PERMIT.
If the activity for which the
easement is sought requires the littoral owner to seek one or more
permits from any other agency or department of state government,
the board may agree with the agency or department to issue a single
document incorporating all rights and privileges of the applicant.
Acts 1977, 65th Leg., p. 2389, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.119.
ISSUANCE
OF
PERMITS.
Page -20 -
The
board
may
issue
permits
authorizing
limited
continued
use
of
previously
unauthorized structures on coastal public land if the use is sought
by one who is claiming an interest in the structure but is not
incident to the ownership of littoral property.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.120.
FAILURE TO OBTAIN A PERMIT.
A person who
maintains, uses, or repairs any structure for which a permit is
required under Section 33.119 of this code without first obtaining
a permit from the board is subject to a civil penalty of not less
than $50 nor more than $1,000.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.121.
constructs,
UNAUTHORIZED
fixes,
or
places
STRUCTURES.
on
coastal
Any
public
person
who
land
any
unauthorized structure for purposes not connected with ownership of
littoral property is subject to a civil penalty of not less than
$50 nor more than $1,000.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.122.
be
required
for
EXCEPTION TO PERMIT REQUIREMENT.
structures,
excavations,
or
No permit may
other
similar
structures as long as they are located wholly on the private
littoral upland, even though the activities may result in the area
being inundated by public water.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.123.
POLICIES, PROVISIONS, AND CONDITIONS OF PERMITS.
Page -21 -
In addition to the policies, provisions, and conditions generally
applicable in this chapter, each grant of a permit is subject to
the policies, provisions, and conditions of Sections 33.120 through
33.122 and 33.124 through 33.126 of this code.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.124.
PERMITS PROHIBITED FOR CERTAIN STRUCTURES.
The
board may not grant a permit which authorizes the continued use of
a structure located within 1,000 feet of
privately owned littoral
residential property, without written consent of the littoral
owner.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 42 (H.B. 708), Sec. 1, eff. May 13,
2005.
Sec. 33.125.
PERMIT.
AUTOMATIC
REVOCATION
AND
TERMINATION
OF
A
A permit that authorizes the continued use of a previously
unauthorized
structure
on
coastal
public
land
is
considered
automatically revoked and terminated if the coastal public land on
which the structure is located is:
(1)
subsequently leased for public purposes;
(2)
exchanged for littoral property under this chapter;
(3)
conveyed to a navigation district as provided by
or
law.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.126.
TERMINATION OF PERMIT BY BOARD.
Page -22 -
Each permit
shall provide that if the terms of the permit are broken, the
permit may be terminated at the option of the board.
Acts 1977, 65th Leg., p. 2390, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.127.
TERMS AND RENEWAL OF PERMITS.
Permits may be
issued for a period of not more than five years and may be renewed
at the discretion of the board.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.128.
USE
OF
PREVIOUSLY
UNAUTHORIZED
STRUCTURES.
Previously unauthorized structures for which permits are obtained
may be used only for noncommercial, recreational purposes.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.129.
PROHIBITIONS ON THE GRANT OF PERMITS.
The board
may not grant an application for a permit which would violate the
public policy of this state as expressed in this chapter and may
not grant a permit for any structure not in existence on August 27,
1973.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.130.
REPAIRS AND REBUILDING.
If a structure for
which a permit is issued is severely damaged or destroyed by any
means, no major repairs or rebuilding may be undertaken by the
permit holder without the approval of the board.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Page -23 -
Sec. 33.131.
STRUCTURES
AS
PROPERTY
OF
THE
STATE.
A
structure presently existing or to be constructed in the future for
which a permit is required under Section 33.119 of this code is the
property of the state.
Any construction, maintenance, or use of
the structure other than as provided in this subchapter is declared
to be a nuisance per se and is expressly prohibited.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 10, eff.
Sept. 1, 1993.
Sec. 33.132.
REGISTRATION BY BOARD.
(a)
The registration by
the board on or before December 31, 1973, of a structure located in
whole or in part on coastal public land on August 27, 1973, and
claimed by the person submitting it for registration as an incident
of the ownership of littoral property shall not be construed as
evidence of the acquiescence of the state in the claim by the
owner.
(b)
Failure of the owner to register the structure estops the
owner from making any further claim of right against the state in
the structure and renders the structure a nuisance per se subject
to abatement by the state at the expense of the littoral owner.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.133.
REMEDIES CUMULATIVE.
Remedies provided in this
subchapter are cumulative of all other remedies which may be
applicable, including those remedies arising from the power of a
court to enforce its jurisdiction and its judgments.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.134.
USE AND DEVELOPMENT OF LAND BY LITTORAL OWNER.
Page -24 -
None of the provisions of this chapter shall prevent the littoral
owner of property from developing or otherwise using his property
in a lawful manner, and this chapter shall not be construed to
confer on the board the authority to regulate, control, or restrict
the use or development of the property.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.135.
PROPERTY.
(a)
NOTICE TO PURCHASER OR GRANTEE OF COASTAL AREA
A person who sells, transfers, or conveys an
interest other than a mineral, leasehold, or security interest in
real property adjoining and abutting the tidally influenced waters
of the state must include the following notice as a part of a
written executory contract for the sale, transfer, or conveyance:
"(1) The real property described in and subject to this
contract adjoins and shares a common boundary with the tidally
influenced submerged lands of the state.
The boundary is subject
to change and can be determined accurately only by a survey on the
ground made by a licensed state land surveyor in accordance with
the original grant from the sovereign.
The owner of the property
described in this contract may gain or lose portions of the tract
because of changes in the boundary.
"NOTICE REGARDING COASTAL AREA PROPERTY
"(2) The seller, transferor, or grantor has no knowledge
of any prior fill as it relates to the property described in and
subject to this contract.
"(3)
State
law
prohibits
the
use,
encumbrance,
construction, or placing of any structure in, on, or over stateowned submerged lands below the applicable tide line, without
proper permission.
"(4) The purchaser or grantee is hereby advised to seek
the advice of an attorney or other qualified person as to the legal
Page -25 -
nature and effect of the facts set forth in this notice on the
property described in and subject to this contract.
Information
regarding the location of the applicable tide line as to the
property described in and subject to this contract may be obtained
from the surveying division of the General Land Office in Austin."
(b)
If
property
described
under
Subsection
(a)
of
this
section is sold, transferred, or conveyed without an executory
contract for conveyance, a written statement containing the notice
prescribed by that subsection must be delivered to the grantee for
execution and acknowledgement of receipt before the conveyance is
recorded.
(c)
Failure to include the statement in an executory contract
for conveyance shall be grounds for the purchaser to terminate such
contract, and upon termination any earnest money shall be returned
to the party making the deposit.
(d)
Failure to provide this statement prior to closing,
either in the executory contract for conveyance or in a separate
written statement, shall constitute a deceptive act under Section
17.46, Business & Commerce Code.
(e)
This section or the action of any party subject to this
section does not diminish or modify the beach access and use rights
of the public as acquired by statute or under common law.
Added by Acts 1993, 73rd Leg., ch. 991, Sec. 11, eff. Sept. 1,
1993.
Sec. 33.136.
RIGHTS.
(a)
PROPERTY
RIGHTS:
PRESERVATION
OF
LITTORAL
Notwithstanding any law to the contrary, a person may
not undertake an action on or immediately landward of a public
beach or submerged land, including state mineral lands, relating to
erosion
response
that
will
cause
or
contribute
to
shoreline
alteration before the person has conducted and filed a coastal
boundary survey in the same manner as the survey of public land
Page -26 -
required by Chapter 21 and any applicable rule of the commissioner
and has obtained any required lease or other instrument from the
commissioner or board, as applicable.
A person is not required to
obtain a lease or other instrument from the commissioner or board
if the action is confined to land owned by a navigation district or
municipality.
On filing of the survey, the shoreline depicted on
the survey is a fixed line for the purpose of locating a shoreline
boundary, subject to movement landward of that line.
A coastal
boundary survey conducted under this section may not be filed until
the commissioner gives notice of approval under Subsection (c).
(b)
"NOTICE:
The
survey
must
contain
the
following
statement:
This survey was performed in accordance with Section
33.136, Natural Resources Code, for the purpose of evidencing the
location of the shoreline in the area depicted in this survey as
that shoreline existed before commencement of erosion response
activity, as required by Chapter 33, Natural Resources Code.
The
line depicted on this survey fixes the shoreline for the purpose of
locating a shoreline boundary, subject to movement landward as
provided by Section 33.136, Natural Resources Code."
(c)
Within 30 days after the date the commissioner approves a
coastal boundary survey under this section, the commissioner shall
provide notice of that approval by:
(1)
publication in the Texas Register;
(2)
publication
for
two
consecutive
weeks
on
the
Internet website of the land office; and
(3)
filing a copy of the approval in the archives and
records division of the land office.
(d)
A person who claims title to permanent school fund land
as a result of accretion, reliction, or avulsion in the coastal
zone on or after September 1, 1999, must, in order to prevail in
the claim, prove that:
(1)
a change in the shoreline has occurred;
Page -27 -
(2)
the
change
did
not
occur
as
a
result
of
the
claimant's actions, the action of any predecessor in title, the
action of any grantee, assignee, licensee, or person authorized by
the claimant to use the claimant's land, or an erosion response
activity;
and
(3)
(e)
the claimant is entitled to benefit from the change.
An upland owner who, because of erosion response activity
undertaken by the commissioner, ceases to hold title to land that
extends to the shoreline as altered by the erosion response
activity is entitled to continue to exercise all littoral rights
possessed by that owner before the date the erosion response
activity commenced, including rights of ingress, egress, boating,
bathing, and fishing.
(f)
In this section, "erosion response" means an action
intended to address coastal erosion, mitigate the effect of coastal
erosion, or maintain or enhance beach stability or width.
The term
includes:
(1)
beach nourishment;
(2)
sediment management;
(3)
beneficial use of dredged material;
(4)
construction of breakwaters;
(5)
dune creation or enhancement;
(6)
revegetation.
and
Added by Acts 1997, 75th Leg., ch. 938, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 508, Sec. 3, eff. Sept. 1,
1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 3 (S.B. 903), Sec. 4, eff.
September 1, 2015.
SUBCHAPTER E. ENFORCEMENT AND APPEAL
Page -28 -
Sec. 33.171.
ENFORCEMENT OF RIGHTS OF LITTORAL OWNERS.
(a)
A littoral owner whose rights may be affected by any action of the
board under this chapter may bring suit for a declaratory judgment
against the State of Texas in a district court in Travis County to
try the issues.
(b)
Service of citation may be obtained by serving the
commissioner.
(c)
The state is entitled to receive notice of a claim
against the School Land Board under this subchapter not later than
the 180th day after the day the action of the board giving rise to
the claim occurred.
(1)
The notice must reasonably describe:
the action of the board that affected the littoral
owner's rights;
(2)
the time and place of the board's action;
and
(3)
the nature of the claim, specifying, as applicable,
the manner in which:
(A)
the board's action affected the title to or
boundary of coastal public land to the detriment of the littoral
owner;
(B)
the board's action affected an interest in land
sought or granted under this chapter;
(C)
or
the board violated this chapter or a rule
adopted by the board under this chapter.
(d)
The
notice
requirement
of
Subsection
(c)
is
a
jurisdictional prerequisite to the institution of suit under this
section regardless of actual notice, express or implied, to the
board or the state.
Acts 1977, 65th Leg., p. 2391, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Amended by Acts 2003, 78th Leg., ch. 147, Sec. 1, eff.
Sept. 1, 2003.
Sec. 33.172.
VENUE.
Unless expressly waived in writing by
Page -29 -
the
attorney
general,
venue
lies
in
Travis
County
in
any
proceeding:
(1)
arising out of an alleged violation of any provision
of this chapter or any rule adopted by the board under this
chapter;
(2)
touching any interest in land sought or granted
under this chapter;
(3)
and
to determine the boundaries or title to any coastal
public land.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.173.
RIGHT TO APPEAL.
Any interested party who is
aggrieved by an action of the board under this chapter may appeal
the action by filing a petition in a district court in Travis
County.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.174.
TIME FOR FILING PETITION.
The petition for the
appeal must be filed within 30 days after the date of the final
action of the board or 30 days after the effective date of the
action, whichever is the later date.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.175.
SERVICE OF CITATION.
Service of citation on the
board may be accomplished by serving the commissioner.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
Sec. 33.176.
ISSUE ON APPEAL.
Page -30 -
In an appeal of a board
action, the issue is whether the action is invalid, arbitrary, or
unreasonable.
Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, Sec. 1, eff. Sept.
1, 1977.
SUBCHAPTER F. COASTAL COORDINATION
Sec. 33.201.
SHORT TITLE.
This subchapter may be cited as
the Coastal Coordination Act.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff. June
13, 1979.
Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff.
June 7, 1991.
Sec. 33.202.
POLICY.
(a)
It is declared to be the policy of
this state to make more effective and efficient use of public funds
and provide for more effective and efficient management of coastal
natural resource areas, and to better serve the people of Texas by:
(1)
of
state
continually reviewing the principal coastal problems
concern,
coordinating
the
performance
of
government
programs affecting coastal natural resource areas, and coordinating
the measures required to resolve identified coastal problems;
(2)
making
all
coastal
management
processes
and
more
visible, accessible, coherent, consistent, and accountable to the
people of Texas.
(b)
It is declared to be the policy of this state that the
chief executive officer of the state should represent the State of
Texas in discussions and negotiations with the federal government
with regard to the effect of federal actions on the coastal
programs and policies of the State of Texas.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff. June
13, 1979.
Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff.
June 7, 1991;
Acts 1995, 74th Leg., ch. 416, Sec. 3, eff. June 8,
Page -31 -
1995.
Sec. 33.203.
(1)
(2)
DEFINITIONS.
In this subchapter:
"Coastal natural resource areas" means:
(A)
coastal barriers;
(B)
coastal historic areas;
(C)
coastal preserves;
(D)
coastal shore areas;
(E)
coastal wetlands;
(F)
critical dune areas;
(G)
critical erosion areas;
(H)
gulf beaches;
(I)
hard substrate reefs;
(J)
oyster reefs;
(K)
submerged land;
(L)
special hazard areas;
(M)
submerged aquatic vegetation;
(N)
tidal sand or mud flats;
(O)
water of the open Gulf of Mexico;
(P)
water under tidal influence.
and
"Coastal barrier" means an undeveloped area on a
barrier island, peninsula, or other protected area, as designated
by United States Fish and Wildlife Service maps.
(3)
"Coastal
historic
area"
means
a
site
that
is
specially identified in rules adopted by the Texas Historical
Commission
or
the
Antiquities
Committee
as
being
coastal
in
character and that is:
(A)
a site on the National Register of Historic
Places, designated under 16 U.S.C. Section 470a and 36 CFR Part 63,
Chapter 1;
or
(B)
a state archaeological landmark, as defined by
Subchapter D, Chapter 191.
Page -32 -
(4)
"Coastal preserve" means any land, including a park
or wildlife management area, that is owned by the state and that
is:
(A)
subject to Chapter 26, Parks and Wildlife Code,
because it is a park, recreation area, scientific area, wildlife
refuge, or historic site;
(B)
and
designated by the Parks and Wildlife Commission
as being coastal in character.
(5)
"Coastal shore area" means an area within 100 feet
landward of the highwater mark on submerged land.
(6)
"Coastal waters" means waters under tidal influence
and waters of the open Gulf of Mexico.
(7)
"Coastal wetlands" means wetlands, as the term is
defined by Section 11.502, Water Code, located:
(A)
seaward of the coastal facility designation
line established by rules adopted under Chapter 40;
(B)
tidal
influence,
Conservation
within rivers and streams, to the extent of
as
shown
Commission's
on
stream
the
Texas
segment
Natural
maps,
Resource
excluding
the
portion of the Trinity River located in Liberty County;
(C)
within one mile of the mean high tide of the
portion of river and stream described by Paragraph (B), except as
provided by Paragraphs (D) and (E);
(D)
in the case of wetlands bordering the portion
of the Trinity River to which Paragraph (B) applies:
(i)
within the area located between the mean
high tide line on the western shoreline of that portion of the
river and Farm-to-Market Road 565 and Farm-to-Market Road 1409;
(ii)
or
within the area located between the mean
high tide line on the eastern shoreline of that portion of the
river and Farm-to-Market Road 563;
(E)
or
in the case of wetlands bordering the portion
Page -33 -
of the Neches River described by Paragraph (B):
(i)
line
of
the
western
within one mile from the mean high tide
shoreline
described by Paragraph (B);
(ii)
of
that
portion
of
the
river
or
within the area located between the mean
high tide line on the eastern shoreline of that portion of the
river and Farm-to-Market Road 105.
(8)
"Critical area" means a coastal wetland, an oyster
reef, a hard substrate reef, submerged aquatic vegetation, or a
tidal sand or mud flat.
(9)
"Critical dune area" means a protected sand dune
complex on the Gulf shoreline within 1,000 feet of mean high tide
designated by the land commissioner under Section 63.121.
(10)
"Critical erosion area" has the meaning assigned to
the term "critical coastal erosion area" by Section 33.601(4).
(11)
"Gulf beach" means a beach bordering the Gulf of
Mexico that is:
(A)
located inland from the mean low tide line to
the natural line of vegetation bordering the seaward shore of the
Gulf of Mexico;
or
(B)
part of a contiguous beach area to which the
public has a right of use or easement:
(i)
(ii)
continuously held by the public;
or
acquired by the public by prescription,
dedication, or estoppel.
(12)
"Hard substrate reef" means a naturally occurring
hard substrate formation, including a rock outcrop or serpulid worm
reef, living or dead, in an intertidal or subtidal area.
(13)
"Oyster
reef"
means
a
natural
or
artificial
formation that is:
(A)
composed of oyster shell, live oysters, and
other living or dead organisms;
Page -34 -
(B)
discrete,
contiguous,
and
distinguishable from scattered oyster shell or oysters;
(C)
(14)
clearly
and
located in an intertidal or subtidal area.
"Special hazard area" means an area designated
under 42 U.S.C. Section 4001 et seq. as having special flood,
mudslide or mudflow, or flood-related erosion hazards and shown on
a flood hazard boundary map or flood insurance rate map as Zone A,
AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.
(15)
"Submerged land" means land located under waters
under tidal influence or under waters of the open Gulf of Mexico,
without regard to whether the land is owned by the state or a
person other than the state.
(16)
"Submerged aquatic vegetation" means rooted aquatic
vegetation growing in permanently inundated areas in estuarine and
marine systems.
(17)
"Tidal sand or mud flat" means a silt, clay, or
sand substrate, without regard to whether it is vegetated by algal
mats, that occur in intertidal areas and that are regularly or
intermittently
exposed
and
flooded
by
tides,
including
tides
induced by weather.
(18)
"Water of the open Gulf of Mexico" means water in
this state, as defined by Section 26.001(5), Water Code, that is
part of the open water of the Gulf of Mexico and that is within the
territorial limits of the state.
(19)
"Water under tidal influence" means water in this
state, as defined by Section 26.001(5), Water Code, that is subject
to
tidal
influence
according
to
the
Texas
Conservation Commission's stream segment map.
Natural
Resource
The term includes
coastal wetlands.
(20)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96,
Sec. 19(3), eff. September 1, 2011.
(21)
"Agency or subdivision" means any state agency,
Page -35 -
department, board, or commission or political subdivision of the
state.
(22)
"Coastal management program " means an ongoing,
comprehensive program containing the elements required for approval
of a program under the Coastal Zone Management Act of 1972 (16
U.S.C. Section 1451 et seq.) that is designed to coordinate
agencies'
management
of
activities
that
may
adversely
affect
coastal natural resource areas for the purpose of continually
making management of those activities more efficient and effective.
(23)
"Agency or subdivision action" means an action
described by Section 33.2051 or 33.2053.
(24)
"Federal
agency
activity"
means
a
function
performed by or for a federal agency in the exercise of its
statutory
responsibility,
including
financial
assistance,
the
planning, construction, modification, or removal of a public work,
facility, or any other structure, and the acquisition, use, or
disposal of land or water resources.
The term does not include the
issuance of a federal license or permit.
(25)
"Federal agency action" means a license or permit
that a federal agency may issue that represents the proposed
federal authorization, approval, or certification needed by the
applicant to begin an activity.
(26)
"Proposed action" means an agency or subdivision
action under consideration by the agency or subdivision, but with
respect to which the agency or subdivision has not made a final
decision.
(27)
"Outer continental shelf plan" means a plan for the
exploration or development of, or production from, an area leased
under the Outer Continental Shelf Lands Act (43 U.S.C. Section 1331
et seq.) and the rules adopted under that Act that is submitted to
the secretary of the United States Department of the Interior after
federal approval of the coastal management program.
Page -36 -
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff. June
13, 1979.
Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff.
June 7, 1991;
Acts 1995, 74th Leg., ch. 76, Sec. 11.264, eff.
Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8,
1995;
Acts 1997, 75th Leg., ch. 396, Sec. 1, eff. May 28, 1997;
Acts 1999, 76th Leg., ch. 508, Sec. 4, eff. Sept. 1, 1999;
Acts
2001, 77th Leg., ch. 70, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(3),
eff. September 1, 2011.
Sec. 33.204.
(a)
ADMINISTRATION OF COASTAL MANAGEMENT PROGRAM.
The commissioner by rule shall adopt goals and policies of the
coastal management program.
A goal or policy may not require an
agency or subdivision to perform an action that would exceed the
constitutional or statutory authority of the agency or subdivision
to which the goal or policy applies.
(b)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec.
19(4), eff. September 1, 2011.
(c)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec.
19(4), eff. September 1, 2011.
(d)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec.
19(4), eff. September 1, 2011.
(e)
In conducting consistency reviews under Section 33.205,
the commissioner shall receive and consider the oral or written
testimony of any person regarding the coastal management program as
the testimony relates to the agency or subdivision action or
federal agency action or activity or outer continental shelf plan
under review.
format
of
received.
received
the
The commissioner may reasonably limit the length and
testimony
and
the
time
at
which
it
will
be
Notice of the period during which the testimony will be
shall
be
published
in
the
Page -37 -
Texas
Register
and
in
a
newspaper of general circulation in each county directly affected
by
the
matter
period.
under
review
before
the
commencement
of
that
The commissioner shall consider only the record before the
agency or subdivision involved in the matter under review, the
agency's or subdivision's findings, applicable laws and rules, any
additional information provided by that agency or subdivision, and
public testimony under this subsection, provided that if the agency
or subdivision did not hold a hearing, make a record, or make
findings, the commissioner may hold a hearing and make findings
necessary to a complete and thorough review.
(f)
The land office, in coordination with other agencies and
subdivisions, shall prepare a biennial report on the effectiveness
of the coastal management program.
On or before January 15 of each
odd-numbered year, the land office shall send the report to the
legislature.
(g)
further
The
the
program.
commissioner
goals
and
may
award
policies
of
grants
the
to
projects
coastal
that
management
The commissioner shall establish the procedures for
making any determination related to awarding a grant.
Added by Acts 1979, 66th Leg., p. 1991, ch. 785, Sec. 1, eff. June
13, 1979.
Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff.
June 7, 1991;
1995;
Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8,
Acts 2001, 77th Leg., ch. 70, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 22 (S.B. 803), Sec. 1, eff.
September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 8, eff.
September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(4),
eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 259 (H.B. 622), Sec. 1, eff.
June 14, 2013.
Page -38 -
Sec.
(a)
The
33.2041.
COASTAL
commissioner
by
COORDINATION
rule
shall
ADVISORY
establish
COMMITTEE.
the
Coastal
Coordination Advisory Committee to advise the commissioner on
matters related to the coastal management program.
The committee
shall consist of:
(1)
a representative of each of the following entities
designated by the presiding officer of that entity:
(A)
the land office;
(B)
the Parks and Wildlife Department;
(C)
the Texas Commission on Environmental Quality;
(D)
the Railroad Commission of Texas;
(E)
the Texas Water Development Board;
(F)
the Texas Department of Transportation;
(G)
the State Soil and Water Conservation Board;
(H)
the Texas Sea Grant College Program to serve as
and
a nonvoting member; and
(2)
the
following
members
to
be
appointed
by
the
(A)
a city or county elected official who resides
commissioner:
in the coastal area;
(B)
an owner of a business located in the coastal
area who resides in the coastal area;
(b)
(C)
a resident from the coastal area; and
(D)
a representative of agriculture.
The commissioner by rule shall establish the terms of
office for and duties of committee members.
(c)
Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the committee.
Added by Acts 2001, 77th Leg., ch. 70, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Page -39 -
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 9, eff.
September 1, 2011.
Sec. 33.205.
CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM;
COMMISSIONER REVIEW.
(a)
An agency or subdivision that takes an
agency or subdivision action described by Section 33.2051 or
33.2053 that may adversely affect a coastal natural resource area
shall comply with the goals and policies of the coastal management
program.
(b)
An agency or subdivision subject to the requirements of
Subsection (a) shall affirm that it has taken into account the
goals and policies of the coastal management program by issuing a
written determination that a proposed agency or subdivision action
described by Section 33.2051 or 33.2053 is consistent with the
program goals and policies.
(c)
The
commissioner
may
review
a
proposed
agency
or
subdivision action subject to the requirements of Subsections (a)
and (b) for consistency with the goals and policies of the coastal
management program if:
(1)
the
consistency
determination
for
the
proposed
action was contested by:
(A)
a member of the committee or an agency that was
a party in a formal hearing under Chapter 2001, Government Code, or
in an alternative dispute resolution process; or
(B)
another
person
by
the
filing
of
written
comments with the agency before the action was proposed if the
proposed action is one for which a formal hearing under Chapter
2001, Government Code, is not available;
(2)
a
person
described
by
Subdivision
(1)
files
a
request for referral alleging a significant unresolved dispute
regarding the proposed action's consistency with the goals and
policies of the coastal management program; and
Page -40 -
(3)
any three members of the committee other than the
representative of the Texas Sea Grant College Program agree that
there is a significant unresolved dispute regarding the proposed
action's consistency with the goals and policies of the coastal
management program and the matter is referred to the commissioner
for review.
(d)
If consistency review thresholds are in effect under
Section 33.2052, the commissioner may not review a proposed action
subject
to
the
requirements
of
Subsections
(a)
and
(b)
for
consistency with the goals and policies of the coastal management
program unless the requirements of Subsection (c) are satisfied
and:
(1)
if the proposed action is one for which a formal
hearing under Chapter 2001, Government Code, is available:
(A)
the action exceeds the applicable thresholds
and the agency's consistency determination was contested in a
formal hearing or in an alternative dispute resolution process; or
(B)
the action does not exceed the applicable
thresholds but may directly and adversely affect a critical area,
critical dune area, coastal park, wildlife management area or
preserve, or gulf beach and a state agency contested the agency's
consistency determination in a formal hearing; or
(2)
if the proposed action is one for which a formal
hearing under Chapter 2001, Government Code, is not available to
contest
the
agency's
determination,
the
action
exceeds
the
applicable thresholds.
(e)
The commissioner must consider and act on a matter
referred under Subsection (c) or (d) before the 26th day after the
date the agency or subdivision proposed the action.
For purposes
of this section, an action subject to the contested case provisions
of Chapter 2001, Government Code, is proposed when notice of a
decision or order is issued under Section 2001.142, Government
Page -41 -
Code.
(f)
The commissioner by rule shall establish a process by
which an applicant for a permit or other proposed action described
in Section 33.2053, or an agency or subdivision proposing an
action,
may
review.
The rules shall:
(1)
request
and
receive
a
preliminary
consistency
create a permitting assistance group composed of
representatives of committee member agencies and other interested
committee members to coordinate the preliminary reviews; and
(2)
require that the following written information be
produced not later than the 45th day after the date of the request
for preliminary review:
(A)
a statement from each agency or subdivision
required to permit or approve the project as to whether the agency
or subdivision anticipates approving or denying the application;
(B)
if an agency or subdivision intends to deny an
application, the agency's or subdivision's explanation of the
grounds for denial and recommendations for resolving the grounds in
a way that would allow the application to be approved;
(C)
if enough information is already available, a
preliminary finding as to whether the project is likely to be found
consistent with the goals and policies of the coastal management
program; and
(D)
if
the
project
is
likely
to
be
found
inconsistent with the goals and policies of the coastal management
program,
an
explanation
and
recommendation
for
resolving
the
inconsistency in a way that would allow the project to be found
consistent.
(f-1)
Expired.
(f-2)
The commissioner may adopt rules as necessary to:
(1)
restructure or abolish the permitting assistance
group;
Page -42 -
(2)
expand the functions of the permitting assistance
(3)
add members to the permitting assistance group.
group; or
(g)
The commissioner by rule shall establish a process by
which an individual or small business may request and receive
assistance with filing applications for permits or other proposed
actions described by Section 33.2053.
(1)
the
coordination
The rules shall provide for:
of
preapplication
assistance
through the permitting assistance group; and
(2)
the provision of the following, by the permitting
assistance group, to an individual or a small business, on request:
(A)
a
list
of
the
permits
or
other
approvals
necessary for the project;
(B)
a
simple,
understandable
statement
of
all
permit requirements;
(C)
a coordinated schedule for each agency's or
subdivision's decision on the action;
(D)
a list of all the information the agencies or
subdivisions need to declare the applications for the permits or
other approvals administratively complete;
(E)
assistance in completing the applications as
(F)
if enough information is already available, a
needed; and
preliminary finding as to whether the project is likely to be found
consistent with the goals and policies of the coastal management
program.
(h)
If an agency, subdivision, or applicant has received a
preliminary finding of consistency under Subsection (f)(2)(C) or
(g)(2)(F) and a request for referral was filed on that action under
Subsection (c)(2), the commissioner may accept the request for
referral only if the agency or subdivision has substantially
changed the permit or proposed action since the preliminary finding
Page -43 -
was issued.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8,
1995;
Acts 2001, 77th Leg., ch. 70, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 10, eff.
September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 11, eff.
September 1, 2011.
Sec. 33.2051.
AGENCY RULEMAKING ACTIONS.
(a)
The land
office shall comply with Sections 33.205(a) and (b) when adopting
or amending a rule governing the prevention of, response to, or
remediation of a coastal oil spill.
(b)
The Texas Natural Resource Conservation Commission shall
comply with Sections 33.205(a) and (b) when adopting or amending a
rule governing:
(c)
(1)
air pollutant emissions;
(2)
on-site sewage disposal systems;
(3)
underground storage tanks.
or
The State Soil and Water Conservation Board shall comply
with Sections 33.205(a) and (b) when adopting or amending a rule
governing agricultural or silvicultural nonpoint source pollution.
(d)
An agency shall comply with Sections 33.205(a) and (b)
when adopting or amending a rule governing an individual action
described by Section 33.2053.
(e)
The commissioner may not review a proposed rule of the
Department of Agriculture.
Added by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 12, eff.
September 1, 2011.
Page -44 -
Sec. 33.2052.
CONSIDERED
CERTIFICATION OF AGENCY RULES; AGENCY ACTIONS
CONSISTENT.
(a)
The
commissioner
by
rule
shall
establish and may modify a process by which an agency may submit
rules and rule amendments described by Section 33.2051 to the
commissioner for review and certification for consistency with the
goals and policies of the coastal management program.
(b)
The process must provide that an agency may submit to the
commissioner consistency review thresholds for the agency's actions
described in Section 33.2053.
After the commissioner certifies
that an agency's rules are consistent and approves the agency's
thresholds, the agency's consistency determination under Section
33.205(b) for an action is final and is not subject to referral and
review, except as provided by Section 33.205(d).
(c)
The
commissioner
by
rule
shall
provide
that
the
commissioner may revoke a certification under Subsection (b) if the
commissioner finds that an agency has:
(1)
implemented
certified
rules
in
a
manner
that
conflicts with the goals and policies of the coastal management
program; or
(2)
amended certified rules in a manner inconsistent
with the goals and policies of the coastal management program.
Added by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 13, eff.
September 1, 2011.
Sec. 33.2053.
INDIVIDUAL AGENCY OR SUBDIVISION ACTIONS.
(a)
The land office, the School Land Board, or a board for lease of
state-owned lands shall comply with Sections 33.205(a) and (b) when
issuing or approving:
(1)
a mineral lease plan of operations;
Page -45 -
(2)
a geophysical or geochemical permit;
(3)
a coastal easement;
(4)
a miscellaneous easement;
(5)
a coastal lease;
(6)
a surface lease;
(7)
a structure registration;
(8)
a cabin permit;
(9)
a navigation district lease;
(10)
certification of a local government beach access or
dune protection plan;
(11)
(b)
Sections
or
an agency or subdivision wetlands mitigation bank.
The Public Utility Commission of Texas shall comply with
33.205(a)
and
(b)
when
issuing
a
certificate
of
convenience and necessity.
(c)
The
Railroad
Commission
of
Texas
shall
comply
with
Sections 33.205(a) and (b) when issuing:
(1)
a wastewater discharge permit;
(2)
a waste disposal or storage pit permit;
(3)
a
certification
of
a
federal
permit
or
for
the
discharge of dredge or fill material.
(d)
The Texas Transportation Commission shall comply with
Sections 33.205(a) and (b) when approving:
(1)
an acquisition of a site for the placement or
disposal of dredge material from, or the expansion, relocation, or
alteration of, the Gulf Intracoastal Waterway;
(2)
or
a transportation construction project or maintenance
program.
(e)
Committee
The Texas Historical Commission and the Antiquities
shall
comply
with
Sections
33.205(a)
and
(b)
when
issuing:
(1)
a permit for destruction, alteration, or taking of a
coastal historic area;
or
Page -46 -
(2)
a
review
of
a
federal
undertaking
affecting
a
coastal historic area.
(f)
The Texas Natural Resource Conservation Commission shall
comply with Sections 33.205(a) and (b) when issuing or approving:
(1)
a wastewater discharge permit;
(2)
a permit for a new concentrated animal feeding
operation located one mile or less from a critical area or coastal
waters;
(3)
a permit for solid or hazardous waste treatment,
storage, or disposal;
(4)
creation of a special purpose district or approval
of bonds for the purpose of construction of infrastructure on
coastal barriers;
(5)
levee improvement or flood control projects;
(6)
a
certification
of
a
federal
permit
for
the
discharge of dredge or fill material;
(7)
a declaration of an emergency and request for an
emergency release of water;
(8)
a new permit for an annual appropriation of:
(A)
program boundary;
(B)
5,000 or more acre-feet of water within the
or
10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast;
(9)
an amendment to a water permit for an increase in an
annual appropriation of:
(A)
program boundary;
(B)
5,000 or more acre-feet of water within the
or
10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast;
(10)
or
a change in the purpose of use of an annual
appropriation of water to a more consumptive use of:
(A)
5,000 or more acre-feet of water within the
Page -47 -
program boundary;
or
(B)
10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast.
(g)
Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec.
19(9), eff. September 1, 2011.
(h)
The Parks and Wildlife Department shall comply with
Sections 33.205(a) and (b) when issuing or approving:
(1)
an oyster lease;
(2)
a permit for taking, transporting, or possessing
threatened or endangered species;
(3)
a permit for disturbing marl, sand, shell, or gravel
on state-owned land;
(4)
or
development by a person other than the Parks and
Wildlife Department that requires the use or taking of any public
land in a state park, wildlife management area, or preserve.
(i)
(b)
A subdivision shall comply with Sections 33.205(a) and
when
issuing
a
dune
protection
permit
or
beachfront
construction certificate that authorizes:
(1)
construction activity that is located 200 feet or
less landward of the line of vegetation and that results in the
disturbance of more than 7,000 square feet of dunes or dune
vegetation;
(2)
construction
activity
that
results
in
the
disturbance of more than 7,500 cubic yards of dunes;
(3)
a coastal shore protection project undertaken on a
gulf beach or 200 feet or less landward of the line of vegetation
and that affects more than 500 linear feet of gulf beach;
(4)
or
a closure, relocation, or reduction in existing
public beach access or public beach access designated in an
approved local government beach access plan, other than for a short
term.
(j)
An action to renew, amend, or modify an existing permit,
Page -48 -
certificate, lease, easement, approval, or other action is not an
action under this section if the action is taken under a rule that
the commissioner has certified under Section 33.2052 and:
(1)
for a wastewater discharge permit, if the action is
not a major permit modification that would:
(A)
increase pollutant loads to coastal waters; or
(B)
result
in
relocation
of
an
outfall
to
a
critical area;
(2)
for solid, hazardous, or nonhazardous waste permits,
if the action is not a Class III modification under rules of the
Texas Commission on Environmental Quality; or
(3)
for any other action, if the action:
(A)
only
extends
the
period
of
the
existing
authorization and does not authorize new or additional work or
activity; or
(B)
is not directly relevant to Sections 33.205(a)
and (b).
(k)
The commissioner shall establish a program boundary to
limit the geographic area in which the requirements of Sections
33.205(a) and (b) apply.
The boundary is the coastal facility
designation line as defined by Appendix 1 to 31 TAC Section 19.2 as
that appendix existed on the effective date of this section, as
modified by Section 33.203(7).
Except as provided by Subsections
(f)(8)-(10), this subchapter does not apply to an agency action
authorizing an activity outside the program boundary.
Added by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 14, eff.
September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(9),
eff. September 1, 2011.
Page -49 -
Sec. 33.206.
(a)
ACTION BY COMMISSIONER OR ATTORNEY GENERAL.
A proposed action is consistent with the goals and policies of
the coastal management program and approved by the commissioner
unless the commissioner determines the action to be inconsistent
with the coastal management program and protests the action.
(b)
If the commissioner protests the proposed action, the
commissioner shall report the commissioner's findings on the matter
to the agency or subdivision.
The report shall specify how the
proposed action is inconsistent with the goals and policies of the
coastal management program and include specific recommendations of
the commissioner regarding how the proposed action may be modified
or amended to make it consistent with the program.
Before the 21st
day after the date the agency or subdivision receives the report,
the
agency
or
subdivision
shall
review
the
findings
and
recommendations and determine whether to modify or amend the
proposed action to make it consistent with the goals and policies
of the coastal management program and shall notify the commissioner
of its decision.
(c)
If an agency or subdivision does not modify or amend a
proposed action to be consistent with the goals and policies of the
coastal management program, the commissioner shall request the
attorney general to issue an opinion on the consistency of the
proposed action with the coastal management program.
The agency or
subdivision is stayed from taking the proposed action until the
attorney general issues the opinion.
The attorney general shall
issue
day
an
opinion
before
the
26th
after
the
date
the
commissioner requests the opinion.
(d)
The commissioner shall adopt guidance and procedural
rules for the review of federal actions, activities, and outer
continental shelf plans that incorporate the provisions of federal
regulations governing those reviews.
The guidance and rules shall
provide that the commissioner or any three committee members may
Page -50 -
request additional information from a federal agency or additional
time for review as provided by the federal regulations.
(e)
The
commissioner
shall
review
any
federal
action,
activity, or outer continental shelf plan that any three committee
members agree presents a significant unresolved issue regarding
consistency with the goals and policies of the coastal management
program.
(f)
If an activity requiring an agency or subdivision action
described by Section 33.2053 that falls above thresholds in effect
under Section 33.2052 also requires an equivalent federal permit or
license, the commissioner may determine the consistency of the
agency or subdivision action or the federal license or permit, but
not both.
The determination regarding the consistency of an action
made by the commissioner under this subsection constitutes the
state's determination regarding consistency of the equivalent
agency or subdivision action or federal action.
(g)
on
Notwithstanding the other provisions of this subchapter,
request
for
referral,
the
commissioner
may
not
review
a
consistency determination of the land office, the commissioner, or
the board.
The commissioner shall refer a request for a review of
the consistency of such an action to the attorney general not later
than the second day after the date the commissioner receives the
request.
The attorney general shall determine whether the action
is consistent with the goals and policies of the coastal management
program in accordance with the applicable provisions of this
subchapter governing determinations by the commissioner.
If the
attorney general determines the action to be inconsistent with the
goals and policies of the coastal management program, the attorney
general may protest the action in accordance with the provisions of
this subchapter governing protests by the commissioner.
A protest
by the attorney general has the same effect as a protest by the
commissioner.
The attorney general may adopt rules as necessary to
Page -51 -
implement this subsection.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8,
1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 15, eff.
September 1, 2011.
Sec. 33.207.
COMMISSIONER RECOMMENDATIONS.
In addition to
the report required by Section 33.206, the commissioner:
(1)
may periodically submit recommendations to an agency
or subdivision designed to encourage the agency or subdivision to
carry out its functions in a manner consistent with the coastal
management
program,
including
recommendations
for
methods
to
simplify governmental procedures and changes in applicable rules or
statutes; and
(2)
shall report to the legislature on:
(A)
recommended statutory changes needed to make
more effective and efficient use of public funds and provide for
more effective and efficient management of coastal natural resource
areas,
including
recommendations
on
methods
to
simplify
governmental procedures;
(B)
agency or subdivision actions that are not
consistent with the coastal management program; and
(C)
population growth of, infrastructure needs of,
and use of resources on the coast.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept.
1, 1995;
Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995;
Acts 2001, 77th Leg., ch. 70, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 16, eff.
Page -52 -
September 1, 2011.
Sec. 33.208.
with
jurisdiction
ENFORCEMENT.
over
a
(a)
proposed
The agency or subdivision
action
shall
enforce
the
provisions of the coastal management program.
(b)
If the attorney general issues an opinion under Section
33.206(c)
that
a
proposed
agency
or
subdivision
action
is
inconsistent with the coastal management program and the agency or
subdivision fails to implement the commissioner's recommendation
regarding the action, the attorney general shall file suit in a
district court of Travis County to enforce this subchapter.
The
court shall consider the attorney general's opinion in determining
whether
the
proposed
action
is
consistent
with
the
coastal
management program.
(c)
Notwithstanding the request of an opinion from, or the
filing of suit by, the attorney general, the commissioner and the
agency or subdivision may enter into a settlement agreement with
regard to the proposed agency or subdivision action.
If the
commissioner and the agency or subdivision enter into a settlement
agreement, the commissioner may rescind the commissioner's request
for an opinion from the attorney general.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991.
Amended by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8,
1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 17, eff.
September 1, 2011.
Sec.
PLANS.
33.209.
PROHIBITION
ON
SPECIAL
AREA
MANAGEMENT
The land office may not develop or approve a special area
management plan, including a plan for an area designated under the
national estuary program.
Page -53 -
Added by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 18, eff.
September 1, 2011.
Sec. 33.210.
PRIVATE PROPERTY.
The requirements of this
subchapter may not be applied in a manner that would result in the
taking,
damage,
or
destruction
of
property
without
adequate
compensation.
Added by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
SUBCHAPTER G. COASTAL WETLAND ACQUISITION
Sec. 33.231.
SHORT TITLE.
This subchapter may be cited as
the Coastal Wetland Acquisition Act.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June
13, 1979.
Sec. 33.232.
(1)
POLICY.
It is the declared policy of the state:
to protect the property rights of those who sell
interests in land to the state by fairly compensating the sellers;
(2)
to
protect
that
coastal
wetland
which
is
most
essential to the public interest by acquiring fee and lesser
interests in the coastal wetland and managing it in a manner that
will preserve and protect the productivity and integrity of the
land as coastal wetland;
(3)
and
to assure that the state does not expend funds to
acquire any coastal wetland to which it already holds a valid title
at the time of the expenditure.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June
13, 1979.
Page -54 -
Sec. 33.233.
(1)
DEFINITIONS.
In this subchapter:
"Acquiring agency" means the Parks and Wildlife
Department.
(2)
"Land office " means the General Land Office.
(3)
"Coastal
wetland"
means
wetlands
underlying
or
adjacent to tidal waters in the coastal area.
(4)
"Wetlands" has the meaning assigned under Subchapter
J, Chapter 11, Water Code.
(5)
"Seawater"
means
any
water
containing
a
concentration of one-twentieth of one percent or more by weight of
total dissolved inorganic salts derived from the marine water of
the Gulf of Mexico.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June
13, 1979.
Amended by Acts 1991, 72nd Leg., ch. 265, Sec. 4, eff.
June 5, 1991.
Sec. 33.234.
DUTIES AND AUTHORITY OF ACQUIRING AGENCY.
(a)
The acquiring agency shall do the following:
(1)
accept gifts, grants, or devises of interests in
(2)
acquire, by purchase or condemnation, fee and lesser
land;
interests in the surface estate in coastal wetland certified as
most essential to protection of the public interest, provided that
in each instance in which an interest in land is acquired by the
acquiring agency pursuant to this section, a sufficient interest
shall be acquired to preserve and protect the productivity and
integrity of such land as coastal wetland;
(3)
and
manage interests in land acquired pursuant to this
section in a manner that will preserve and protect the productivity
and integrity of the land as coastal wetland.
(b)
This subchapter shall not be construed to authorize the
condemnation of any interest in the mineral estate in any coastal
Page -55 -
wetland.
(c)
The acquiring agency shall promulgate reasonable rules
and regulations necessary to preserve and protect the productivity
and integrity of the land as coastal wetland acquired pursuant to
this
subchapter.
regulations
The
governing
rules
and
activities
regulations
conducted
on
shall
the
include
land
in
conjunction with mineral exploration, development, and production.
(d)
If the acquiring agency seeks to condemn an interest less
than the fee interest in the surface estate in any coastal wetland,
the owner of the coastal wetland may demand that the acquiring
agency instead seek condemnation of the fee interest in the surface
estate in the coastal wetland.
Upon this demand, the acquiring
agency shall either:
(1)
seek to condemn the fee interest in the surface
estate in the coastal wetland;
(2)
or
cease all condemnation proceedings pursuant to this
subchapter against the coastal wetland.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June
13, 1979.
Amended by Acts 1991, 72nd Leg., ch. 265, Sec. 5, eff.
June 5, 1991.
Sec. 33.235.
AGRICULTURAL EXEMPTION.
Coastal wetland used
only for farming or ranching activities, including maintenance and
repair of buildings, earthworks, and other structures, shall not be
subject to any power of condemnation exercised pursuant to this
subchapter.
However,
this
exemption
from
condemnation
shall
terminate upon the receipt by any state or federal agency of an
application for a permit, license, or other authorization to
conduct on the wetland, activities other than farming and ranching
activities, including irrigation and water well drilling, and
activities necessary to exploration, development, or production of
the underlying mineral estate.
Page -56 -
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June
13, 1979.
Sec. 33.236.
DUTIES AND AUTHORITY TO CERTIFY.
(a)
The land
office and the acquiring agency, in coordination, shall do the
following:
(1)
certify coastal wetlands which are most essential to
the public interest in accordance with criteria developed by the
land office and the acquiring agency under Chapter 14, Parks and
Wildlife
Code,
acquisition
of
and
this
interests
subchapter,
in
the
assign
coastal
priorities
wetland,
and
for
revoke
certification made pursuant to this section when it is in the
public interest to do so;
(2)
and
publicize the importance to the public interest of
coastal wetland in general, and of designated coastal wetland in
particular.
(b)
A certification, assignment of priority for acquisition,
or revocation of certification made pursuant to this subchapter
does not constitute a "contested case" within the meaning of
Chapter 2001, Government Code.
(c)
to (h) Repealed by Acts 1991, 72nd Leg., ch. 265, Sec. 7,
eff. June 5, 1991.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June
13, 1979.
Amended by Acts 1991, 72nd Leg., ch. 265, Secs. 6, 7,
eff. June 5, 1991;
Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995.
Sec. 33.237.
(a)
MOST ESSENTIAL COASTAL WETLAND CERTIFICATION.
In selecting and certifying coastal wetland most essential to
the public interest, and in assigning priorities of acquisition to
coastal wetland, the land office and the acquiring agency shall
consider the following criteria:
Page -57 -
(1)
whether the land is coastal wetland within the
definition, intent, and purpose of this subchapter;
(2)
title
to
whether the state owns the coastal wetland or claims
it,
which
title
can
be
validated
by
bringing
an
appropriate action in a court of law;
(3)
whether the biological, geological, or physical
characteristics
of
interrelationship
of
the
the
coastal
coastal
wetland,
wetland
including
with
other
the
coastal
wetland, is essential to the public interest;
(4)
the degree to which the coastal wetland is in danger
of being altered, damaged, or destroyed, and the imminence of that
danger;
and
(5)
(b)
the cost of acquiring the coastal wetland.
The legislature declares that certifications, assignments
of priority for acquisition, and revocations of certifications made
pursuant to Section 33.235 of this code are made only for the
purpose of administering the provisions of this subchapter.
No
certifications,
or
assignments
of
priority
for
acquisition,
revocations of certification shall be grounds for an inference, or
admissible in a court of law to prove, that any coastal wetland is
of greater or lesser value than any other coastal wetland for any
purpose other than administering the provisions of this subchapter.
(c)
A certification made pursuant to this subchapter shall
expire one year from the date of certification.
(d)
If on or before the expiration date of such certification
the acquiring agency files suit in a court of law to condemn the
certified coastal wetland, the certification shall extend until the
suit is settled, dismissed, or otherwise terminated.
(e)
If a contract of sale between the state and the owner of
the certified coastal wetland is entered into on or before the
expiration date of the certification, the certification shall
extend until title to the coastal wetland is conveyed to the state
Page -58 -
or the contract is rescinded, invalidated, or otherwise terminated.
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June
13, 1979.
Amended by Acts 1991, 72nd Leg., ch. 265, Sec. 8, eff.
June 5, 1991.
Sec. 33.238.
FUNDING.
The acquiring agency may compensate
the seller of land acquired pursuant to this subchapter with funds
obtained through:
(1)
gift, grant, or devise;
(2)
legislative appropriation;
(3)
gift or grant from the United States.
or
Added by Acts 1979, 66th Leg., p. 1993, ch. 785, Sec. 2, eff. June
13, 1979.
SUBCHAPTER H. COASTAL EROSION
Sec. 33.601.
(1)
DEFINITIONS.
In this subchapter:
"Account" means the coastal erosion response account
established under Section 33.604.
(2)
"Beach nourishment" means the placement of beach-
quality sediment on an eroded beach to restore it as a recreational
beach, provide storm protection for upland property, maintain a
restored beach by the replacement of sand, or serve other similar
beneficial purposes.
(3)
"Coastal erosion" means the loss of land, marshes,
wetlands, beaches, or other coastal features within the coastal
zone because of the actions of wind, waves, tides, storm surges,
subsidence, or other forces.
(4)
"Critical coastal erosion area" means a coastal area
that is experiencing historical erosion, according to the most
recently published data of the Bureau of Economic Geology of The
University of Texas at Austin, that the commissioner finds to be a
Page -59 -
threat to:
(5)
to
(A)
public health, safety, or welfare;
(B)
public beach use or access;
(C)
general recreation;
(D)
traffic safety;
(E)
public property or infrastructure;
(F)
private commercial or residential property;
(G)
fish or wildlife habitat;
(H)
an area of regional or national importance.
or
"Erosion response project" means an action intended
address
or
nourishment,
mitigate
sediment
coastal
management,
erosion,
beneficial
including
use
of
beach
dredged
material, creation or enhancement of a dune, wetland, or marsh, and
construction of a breakwater, bulkhead, groin, jetty, or other
structure.
(6)
"Hard structure" means an erosion response structure
such as a bulkhead, seawall, revetment, jetty, groin, or similar
structure that is the functional equivalent of one of those
structures.
(7)
"Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(8)
"Local government" means a political subdivision of
this state.
(9)
"Project cooperation agreement" means a contract
executed by the land office and a qualified project partner that
explicitly defines the terms under which a study or project will be
conducted.
(10)
"Public beach" has the meaning assigned by Section
(11)
"Qualified
61.013.
government,
state
or
project
federal
partner"
agency,
means
institution
a
local
of
higher
education, homeowners' association, or other public or private
Page -60 -
entity that enters into an agreement with the land office to
finance, study, design, install, or maintain an erosion response
project.
(12)
identified
by
"Shared
the
project
commissioner
cost"
and
means
a
established
project
in
a
cost
project
cooperation agreement that will be shared with a qualified project
partner.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Sec. 33.602.
COASTAL EROSION DUTIES AND AUTHORITY.
(a)
The
land office shall implement a program of coastal erosion avoidance,
remediation, and planning.
The commissioner shall ensure that
erosion avoidance, remediation, and planning protect the common law
rights of the public in public beaches as affirmed by Subchapter B,
Chapter 61.
(b)
The commissioner shall publish and periodically update a
coastal erosion response plan.
The commissioner shall develop the
plan in coordination with state and federal agencies and local
governments and provide for public input on the plan.
The plan
must identify critical coastal erosion areas designated by the
commissioner and prioritize coastal erosion response studies and
projects so that:
(1)
benefits are balanced among areas throughout the
coast designated by the commissioner as critical coastal erosion
areas;
(2)
federal
and
studies
and
local
financial
participation
is
maximized;
(3)
projects
efficiencies and economies of scale;
(4)
are
scheduled
to
achieve
and
the severity of erosion effects in each area is
taken into account.
(c)
The commissioner may adopt rules necessary to implement
Page -61 -
this subchapter.
(d)
The commissioner shall adopt rules requiring that beach-
quality sand dredged in constructing and maintaining navigation
inlets and channels of the state be placed on eroding beaches or to
restore eroding wetlands wherever practicable.
(e)
critical
In order to determine which areas should be designated as
coastal
erosion
areas
and
guide
the
allocation
of
resources, the commissioner may conduct a coast-wide analysis of
the costs and benefits of coastal erosion avoidance, remediation,
and planning.
An analysis conducted under this subsection may
consider:
(1)
historical erosion rates in an area;
(2)
the elevation of an area adjacent to the shoreline;
(3)
the presence of critical infrastructure in an area
adjacent to the shoreline;
(4)
the population density of an area adjacent to the
shoreline;
(5)
the presence of economic activity conducted in an
area adjacent to the shoreline;
(6)
the presence of critical natural resources in an
area adjacent to the shoreline;
(7)
anthropogenic contributions to erosion; and
(8)
any other factor identified as relevant by the
commissioner.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 3, eff. June 7, 1991.
Renumbered from Sec. 33.601 and amended by Acts 1999, 76th Leg.,
ch. 508, Sec. 5, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th
Leg., ch. 1405, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 15 (H.B. 2074), Sec. 1, eff.
September 1, 2009.
Page -62 -
Sec. 33.603.
COASTAL EROSION STUDIES AND PROJECTS.
(a)
The
land office shall undertake coastal erosion studies, demonstration
projects,
and
response
projects
if
the
land
office
receives
legislative appropriations or other funding for that purpose.
If
reasonable
in
and
appropriate,
the
land
office
shall
work
conjunction with other state agencies, local governments, federal
agencies, including the United States Army Corps of Engineers, or
other qualified project partners in undertaking those studies and
projects.
(b)
The studies and projects shall address:
(1)
assessment of the feasibility, cost, and financing
of different methods of avoiding, slowing, or remedying coastal
erosion;
(2)
beneficial
placement
of
dredged
material
where
appropriate to replenish eroded public beach, bay shore, marsh, and
dune areas;
(3)
public beach, bay shore, and marsh nourishment or
restoration projects using sediments other than material from
navigational or other dredging projects;
(4)
guidelines on grain size and toxicity level;
(5)
the economic, natural resource, and other benefits
of coastal erosion projects;
(6)
the protection, revegetation, and restoration of
(7)
the planting of vegetation as a means of inhibiting
dunes;
bay shore erosion and projects developing and cultivating diseaseresistant vegetation adapted to local conditions;
(8)
groins,
and
the construction or retrofitting of dams, jetties,
other
impoundment
structures,
provided
that
the
structures include sediment bypassing systems;
(9)
estimating the quantity and quality of sediment
trapped by reservoirs, navigation channels, and placement areas and
Page -63 -
identification of other sediment sources;
(10)
the
use
of
hard
or
soft
structures
on
bay
shorelines as a method of avoiding, slowing, or remedying erosion;
(11)
storm
damage
mitigation,
post-storm
damage
assessment, and debris removal;
(12)
removal and relocation of structures from public
beaches, including the purchase of property located on a public
beach;
(13)
the acquisition of property necessary for the
construction, reconstruction, maintenance, widening, or extension
of an erosion response project under this subchapter;
(14)
structural shoreline protection projects that use
innovative technologies designed or engineered to minimize beach
scour; and
(15)
other
studies
or
projects
the
commissioner
considers necessary or appropriate to implement this subchapter.
(c)
An agreement between the commissioner and a qualified
project partner to undertake a coastal erosion response study or
project:
(1)
must require the qualified project partner to pay a
specified percentage of the shared project cost that is not less
than the minimum amount prescribed by Subsection (e):
(A)
before completion of the project;
(B)
following
completion
of
the
project,
accordance with a schedule provided by the agreement;
(2)
or
in
and
may contain other terms governing the study or
project.
(d)
Except as provided by Subsections (b)(8) and (14), this
chapter does not authorize the construction or funding of a hard
structure on or landward of a public beach.
(e)
A qualified project partner must pay:
(1)
not less than 25 percent of the shared project cost
Page -64 -
if the project is a beach nourishment project on a public beach or
bay shore;
and
(2)
not less than 40 percent of the shared project cost
if the project is any other coastal erosion response study or
project, including:
(A)
a marsh restoration project;
or
(B)
a bay shoreline protection project other than a
beach nourishment project.
(f)
Notwithstanding Subsections (c) and (e), each biennium
the commissioner may undertake at least one erosion response
project without requiring a qualified project partner to pay a
portion of the shared project cost if the total cost of the
projects that do not have a cost share requirement does not exceed
one-half of the total amount appropriated to the land office for
coastal erosion planning and response.
(g)
Notwithstanding
Subsection
(d),
each
biennium
the
commissioner may undertake or provide funding for one or more
erosion response demonstration projects if the state's portion of
the shared project cost does not exceed one-tenth of the total
amount appropriated to the land office for coastal erosion planning
and response.
(h)
Notwithstanding Subsection (e), the commissioner may
determine the percentage of the shared project cost a qualified
project partner must pay for a project undertaken pursuant to
Subsection (b)(11), (12), or (13).
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 3, eff. June 7, 1991.
Renumbered from Sec. 33.602 and amended by Acts 1999, 76th Leg.,
ch. 508, Sec. 5, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th
Leg., ch. 1404, Sec. 1, eff. June 16, 2001;
Acts 2003, 78th Leg.,
ch. 874, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 304 (S.B. 517), Sec. 1, eff.
Page -65 -
September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1302 (H.B. 2387), Sec. 1, eff.
September 1, 2009.
Sec. 33.604.
COASTAL EROSION RESPONSE ACCOUNT.
(a)
The
coastal erosion response account is an account in the general
revenue fund that may be appropriated only to the commissioner and
used only for the purpose of implementing this subchapter and
administration of the coastal management program as provided in
Subchapter F.
(b)
The account consists of:
(1)
all money appropriated for the purposes of this
subchapter;
(2)
grants to this state from the United States for the
purposes of this subchapter;
(3)
all money received by this state from the sale of
dredged material; and
(4)
penalties or costs collected under Section 61.0184
or 63.1814.
(c)
The account is exempt from the application of Section
403.095, Government Code.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 4, eff.
September 1, 2007.
Sec. 33.605.
USES OF ACCOUNT.
(a)
Money in the account may
be used for:
(1)
any action authorized by this subchapter; and
(2)
the administration of the coastal management program
as provided in Subchapter F.
(b)
The commissioner must approve an expenditure from the
Page -66 -
account.
In determining whether to approve an expenditure for a
study or project, the commissioner shall consider:
(1)
the amount of money in the account;
(2)
the feasibility and cost-effectiveness of the study
or project;
(3)
the locations of other existing or proposed erosion
response projects;
(4)
the needs in other critical coastal erosion areas;
(5)
the effect of the study or project on public or
private property; and
(6)
if the site to be studied or project to be conducted
will be located within the jurisdiction of a local government
subject to Chapter 61 or 63:
(A)
whether the local government is adequately
administering those chapters; and
(B)
the plan for reducing public expenditures for
erosion and storm damage losses prepared by the local government
under Section 33.607.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 2, eff. June
17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 4, eff.
September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 14 (H.B. 2073), Sec. 1, eff.
September 1, 2009.
Sec. 33.606.
GRANTS AND GIFTS.
The commissioner may apply
for, request, solicit, contract for, receive, and accept gifts,
grants, donations, and other assistance from any source to carry
out the powers and duties provided by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 3, eff. June 7, 1991.
Page -67 -
Renumbered from Sec. 33.603 by Acts 1999, 76th Leg., ch. 508, Sec.
5, eff. Sept. 1, 1999.
Sec. 33.607.
COASTAL EROSION PUBLIC AWARENESS AND EDUCATION;
LOCAL GOVERNMENT PLANNING AND REGULATION.
(a)
The land office
shall be responsible for and shall coordinate with other agencies
to increase public awareness through public education concerning:
(1)
the causes of erosion;
(2)
the consequences of erosion;
(3)
the importance of barrier islands, dunes, and bays
as a natural defense against storms and hurricanes;
(4)
(b)
and
erosion avoidance techniques.
On an ongoing basis, the commissioner, in consultation
with the Bureau of Economic Geology of The University of Texas at
Austin and coastal county and municipal governments, shall monitor
historical erosion rates at each location along the shore of the
Gulf of Mexico.
(c)
The commissioner shall make historical erosion data
accessible, through the Internet and otherwise, to the public and
persons receiving the notice required under Section 61.025.
(d)
The Bureau of Economic Geology of The University of Texas
at Austin shall make historical erosion data relating to a critical
coastal
erosion
area
available
to
each
state
agency,
local
government, or other person responsible for, or with jurisdiction
over, the area.
(e)
A local government subject to Chapter 61 or 63 shall use
historical erosion data and the coastal erosion response plan
published by the commissioner under Section 33.602 to prepare a
local plan for reducing public expenditures for erosion and storm
damage losses to public and private property, including public
beaches.
A plan prepared under this subsection may include a
building
set-back
line
that
will
Page -68 -
accommodate
a
shoreline
retreat.
The local government shall hold a public educational
meeting on the plan before proposing to implement it through the
plans, orders, or ordinances provided by Chapters 61 and 63.
(f)
A local plan for reducing public expenditures for erosion
and storm damage losses to public and private property prepared
under Subsection (e) may:
(1)
preserve and enhance the public's right of access to
and use of the public beach;
(2)
preserve critical sand dunes for natural storm
protection and conservation purposes;
(3)
establish
a
building
set-back
line
no
further
landward than the dune protection line established by the local
government under Chapter 63;
(4)
provide for the prohibition of new construction
seaward of the building set-back line; and
(5)
provide for the acquisition of fee title to or a
lesser interest in property seaward of the building set-back line.
(g)
The commissioner may adopt rules for the preparation and
implementation by a local government of a local plan for reducing
public expenditures for erosion and storm damage losses to public
and private property under Subsection (e).
(h)
Chapter 2007, Government Code, does not apply to a rule
or local government order or ordinance authorized by this section.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 3, eff. June 7, 1991.
Renumbered from Sec. 33.604 and amended by Acts 1999, 76th Leg.,
ch. 508, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 5, eff.
September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 6, eff.
September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 14 (H.B. 2073), Sec. 2, eff.
Page -69 -
September 1, 2009.
Sec. 33.608.
REPORT TO LEGISLATURE.
Each biennium, the
commissioner shall submit to the legislature a report listing:
(1)
each critical erosion area;
(2)
each proposed erosion response study or project;
(3)
an estimate of the cost of each proposed study or
project described by Subdivision (2);
(4)
each coastal erosion response study or project
funded under this subchapter during the preceding biennium;
(5)
the economic and natural resource benefits from each
coastal erosion response study or project described by Subdivision
(4);
(6)
the financial status of the account;
(7)
an
estimate
of
the
cost
of
and
implementing
this
subchapter during the succeeding biennium.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Sec. 33.609.
LANDOWNER CONSENT.
(a)
The commissioner may
not undertake a coastal erosion response project on:
(1)
permanent school fund land without first obtaining
the written consent of the school land board;
(2)
or
private property, other than that encumbered by the
common law rights of the public affirmed by Chapter 61, without
first obtaining the written consent of the property owner.
(b)
If the commissioner cannot determine the identity of or
locate a property owner, consent is considered to have been given
if:
(1)
the commissioner publishes a notice of the project
at least once a week for two consecutive weeks in the newspaper
having the largest circulation in the county in which the project
is located;
and
Page -70 -
(2)
the property owner does not object on or before the
20th day after the last date notice is published under Subdivision
(1).
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Sec. 33.610.
ROLLS.
(a)
REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND TAX
If the commissioner determines that land has become
submerged by erosion or subsidence and as a result is dedicated to
the permanent school fund, the commissioner may notify in writing
the appraisal district that appraises the land for ad valorem tax
purposes and each taxing unit that imposes taxes on the land.
The
notice must include a legal description of the land.
(b)
On receipt of notice under Subsection (a):
(1)
the appraisal district shall remove the land from
the appraisal roll;
(2)
and
each taxing unit shall remove the land from its tax
roll.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Sec. 33.611.
IMMUNITY.
(a)
This state, the commissioner,
and land office staff are immune from suit for damages and from
liability for an act or omission related to:
(1)
the approval, disapproval, funding, or performance
of a coastal erosion response activity, including an erosion
response study or project or a survey;
(2)
the
failure
of
an
or
erosion
response
project
undertaken by the commissioner under this subchapter to fulfill its
intended purpose.
(b)
act
or
The immunity granted by this section does not apply to an
omission
that
is
intentional,
wilfully
or
wantonly
negligent, or committed with conscious indifference or reckless
disregard for the safety of others.
Page -71 -
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Sec. 33.612.
JUDICIAL REVIEW.
(a)
Judicial review of rights
affected by an action of this state, the commissioner, or land
office
staff
under
evidence rule.
this
subchapter
is
under
the
substantial
In order to prevail, a person seeking review must
prove that the action complained of was arbitrary, capricious, or
otherwise not in accordance with law.
(b)
Venue for an action relating to this subchapter is in
Travis County.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Sec. 33.613.
PASSES.
(a)
CLOSURE OR MODIFICATION OF CERTAIN MAN-MADE
Notwithstanding Sections 66.204 and 81.103, Parks and
Wildlife Code, the commissioner may undertake the closure or
modification of a man-made pass or its environs between the Gulf of
Mexico and an inland bay if:
(1)
the commissioner determines that the pass causes or
contributes to significant erosion of the shoreline of the adjacent
beach;
(2)
the
pass
is
not
a
public
navigational
channel
constructed or maintained by the federal government; and
(3)
the land office receives legislative appropriations
or other funding for that purpose.
(b)
results
If the closing of a man-made pass under this section
in
a
loss
of
public
recreational
opportunities,
the
commissioner shall develop, in consultation with the Parks and
Wildlife
Department
and
the
county
and,
if
applicable,
the
municipality in which the pass is located, and approve a plan to
mitigate the loss.
In developing the plan, the commissioner is
strongly encouraged to assess the feasibility of installing fishing
piers,
boat
ramps,
and
other
facilities
Page -72 -
that
provide
public
recreational opportunities.
The plan must be presented to the
public for comment before the commissioner approves it.
Added by Acts 2009, 81st Leg., R.S., Ch. 66 (S.B. 2043), Sec. 1,
eff. September 1, 2009.
SUBCHAPTER I.
Sec. 33.651.
(1)
obligation,
COASTAL PROTECTION AND IMPROVEMENT
DEFINITIONS.
"Bond"
including
means
a
In this subchapter:
any
bond,
type
note,
of
bond
interest-bearing
anticipation
note,
certificate of participation, lease, contract, or other evidence of
indebtedness issued by a coastal county to pay the project costs of
a qualified project.
(2)
"Coastal county" means a county that borders on the
Gulf of Mexico.
(3)
"Coastal
erosion"
has
the
meaning
assigned
by
Section 33.601.
(4)
"Coastal improvement project" means a project to
improve access to a public beach by:
(A)
acquiring fee title to property or a right of
public access to a public beach;
(B)
constructing
or
maintaining
public
roads,
parking, or other facilities in aid of public access to or use of a
public beach;
(C)
requiring a landowner, as prescribed by land
office rules, to restore land affected by coastal erosion to its
original boundaries; or
(D)
implementing
a
building
set-back
line
established under Section 33.607.
(5)
"Coastal protection project" means a project to
address or mitigate coastal erosion.
(6)
"Coastal protection and improvement fund" means the
Page -73 -
coastal protection and improvement fund created under Section
33.653.
(7)
"County coastal protection and improvement fund"
means a county coastal protection and improvement fund created by a
coastal county under Section 33.655.
(8)
"Project cost" means a cost or expense incurred in
relation to a qualified project, including the cost of:
(A)
constructing,
designing,
maintaining,
engineering,
improving,
acquiring,
extending,
repairing,
replacing, monitoring, removing, or administering a qualified
project; or
(B)
financing a qualified project, including the
cost of issuing bonds and the payment of principal, interest, and
redemption price.
(9)
"Public beach" has the meaning assigned by Section
61.013.
(10)
"Qualified agreement" means an agreement between
the land office and a coastal county in accordance with Section
33.657.
(11)
"Qualified
payment"
means
a
payment
by
the
commissioner to a coastal county from the coastal protection and
improvement fund, as provided by this subchapter, that has been
approved in amount and qualification for payment by the land office
and the applicable coastal county.
(12)
improvement
"Qualified project" means a coastal protection or
project
that
qualifies
for
funding
under
Section
33.656.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 7, eff.
September 1, 2007.
Page -74 -
Sec.
33.652.
MUNICIPALITIES.
APPLICABILITY
OF
SUBCHAPTER
TO
CERTAIN
The provisions of this subchapter relating to
coastal counties apply to a municipality if all or substantially
all of the gulf beach within a coastal county is located within the
boundaries of the municipality.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Sec. 33.653.
FUND.
(a)
CREATION OF COASTAL PROTECTION AND IMPROVEMENT
The coastal protection and improvement fund is created
as a trust fund outside the state treasury to be held by the Texas
Treasury
Safekeeping
Trust
Company
and
administered
by
the
commissioner as trustee on behalf of the coastal counties.
(b)
The fund consists of:
(1)
gifts and grants; and
(2)
appropriations
of
money
to
the
fund
by
the
legislature.
(c)
The commissioner shall allocate five percent of the
amount deposited in the fund to the land office to be used only to
pay
the
cost
of
administering
any
coastal
protection
and
improvement efforts undertaken under this subchapter and to support
a coastal monitoring program by The University of Texas Bureau of
Economic Geology and the sea turtle and shore monitoring programs
of Texas A&M University at Galveston.
(d)
The commissioner shall allocate 95 percent of the amount
deposited in the fund for use by the coastal counties as provided
by this subchapter.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Sec. 33.654.
USE OF COASTAL PROTECTION AND IMPROVEMENT FUND.
Page -75 -
(a)
The coastal protection and improvement fund shall be used
only to make a qualified payment to a coastal county sponsoring a
qualified project under this subchapter.
(b)
The commissioner may make a qualified payment from the
fund to a coastal county only if and to the extent that the coastal
county is sponsoring a project that qualifies for funding as
certified by the coastal county and the land office.
(c)
The amount and timing of a qualified payment shall be
determined by agreement between the land office and the coastal
county sponsoring the project.
The amount of a qualified payment
may not exceed the estimated project costs.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Sec. 33.655.
(a)
COUNTY COASTAL PROTECTION AND IMPROVEMENT FUND.
Each coastal county shall create a county coastal protection
and improvement fund.
(b)
Each coastal county shall deposit any qualified payment
that it receives into its county coastal protection and improvement
fund and shall use the money in the fund only to pay the project
costs of a qualified project as provided by this subchapter.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Sec. 33.656.
PROJECTS THAT QUALIFY FOR FUNDING.
To qualify
for funding under this subchapter, a project must:
(1)
be sponsored by a coastal county;
(2)
be located within the sponsoring coastal county
along or adjacent to the shore of the Gulf of Mexico, an inland
bay, or a connecting channel between the Gulf of Mexico and an
inland bay;
(3)
be accessible by public roads or a common carrier
Page -76 -
ferry;
(4)
be identified and approved for funding by a coastal
county and the land office; and
(5)
require
more
than
$5
million
to
complete,
as
estimated by the land office, unless the project implements a
building set-back line established under Section 33.607.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 8, eff.
September 1, 2007.
Sec. 33.657.
QUALIFIED AGREEMENT.
(a)
The land office and a
coastal county may enter into one or more agreements relating to a
qualified
costs.
project
and
the
payment
of
the
associated
project
An agreement is governed by this subchapter.
(b)
An agreement may provide that the commissioner will pay
to the coastal county an agreed amount from the coastal protection
and improvement fund over a term of years to be used by the coastal
county
for
a
project
that
qualifies
for
funding
under
this
subchapter.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Sec. 33.658.
QUALIFIED PAYMENT.
(a)
The commissioner shall
make qualified payments to a coastal county based on the land
office's estimate of the expected project costs of any qualified
projects undertaken by that county in the fiscal year in which the
payment is made.
(b)
To the extent that the aggregate of qualified payments by
the commissioner to a coastal county in a fiscal year exceeds the
project costs of qualified projects undertaken by the county during
Page -77 -
that year, the commissioner shall recover the amount of the
overpayment by:
(1)
overpayment
to
requiring the county to remit the amount of the
the
commissioner
for
deposit
in
the
coastal
protection and improvement fund; or
(2)
taking a credit against qualified payments due that
county the following year or years.
(c)
If a coastal county that received an overpayment is not
due additional qualified payments the following year, the county
shall
promptly
remit
the
amount
of
the
overpayment
to
the
commissioner for deposit in the coastal protection and improvement
fund.
(d)
Notwithstanding Subsection (b), the commissioner may not
take a credit against qualified payments due a coastal county the
following year if the county needs the full amount of the qualified
payment that year to:
(1)
pay the principal or interest on, or the redemption
price of, bonds issued to finance a qualified project; or
(2)
fund
a
reserve
or
other
fund
required
by
the
documents authorizing the issuance of bonds.
(e)
The failure of a coastal county to use the full amount of
a qualified payment in the fiscal year in which it is received does
not prejudice the right of the county to receive money from the
coastal protection and improvement fund in future years as may be
provided in the county's qualified agreement.
(f)
A coastal county may not use a qualified payment as a
local match for funding under a state program.
(g)
A coastal county may use a qualified payment as a local
match for funding under a federal program.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Page -78 -
Sec. 33.659.
GENERAL POWERS OF COASTAL COUNTIES.
(a)
In
addition to all other powers that a coastal county has under
general law, a coastal county has the rights, powers, privileges,
authority, and functions that are necessary or convenient to:
(1)
improving,
the designing, engineering, acquiring, constructing,
maintaining,
extending,
repairing,
replacing,
monitoring, removing, administering, and financing of a qualified
project located in a coastal county;
(2)
the funding of a reserve or other fund relating to
bonds; and
(3)
the establishment and implementation of a building
set-back line under Section 33.607.
(b)
A coastal county may issue bonds to pay the project costs
of a qualified project.
For purposes of this subchapter, a coastal
county is an issuer and a qualified project is an eligible project
within the meaning of Chapter 1371, Government Code, and the
provisions of Chapter 1371, Government Code, are applicable to
bonds issued by a coastal county.
(c)
A coastal county may:
(1)
enter into agreements with a public or private
person for the joint ownership, financing, or operation of a
qualified project;
(2)
enter into contracts, leases, and agreements with,
and accept grants and loans from, any person to perform all acts
necessary for the full exercise of the powers vested in the county
on terms and for the term the county determines to be advisable;
(3)
acquire property under a conditional sales contract,
lease, equipment trust certificate, or other form of contract or
trust agreement; and
(4)
carry
out
the
do anything necessary, convenient, or desirable to
powers
expressly
subchapter.
Page -79 -
granted
or
implied
by
this
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 9, eff.
September 1, 2007.
Sec. 33.660.
AUTHORITY TO CONTRACT.
(a)
A coastal county
may contract with a state agency, municipality, county, or other
political subdivision of the state or any agency or instrumentality
of the federal government to implement a qualified project under
this subchapter.
A contract under this section may:
(1)
be for a period on which the parties agree;
(2)
include terms on which the parties agree; and
(3)
be payable from taxes, qualified payments, or any
other source of revenue available for that purpose.
(b)
A coastal county may enter into a contract, lease, or
agreement with or make or accept grants and loans to or from:
(1)
the United States;
(2)
the State of Texas;
(3)
a
county,
municipality,
or
other
political
subdivision of the state;
(4)
a public or private corporation; or
(5)
any other person.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Sec. 33.661.
FUNDS AVAILABLE FOR QUALIFIED PROJECTS.
(a)
A
coastal county may pay the project costs of a qualified project
from general or available funds, payments received from the land
office,
including
payments
from
the
coastal
protection
and
improvement fund, contract reserves, ad valorem taxes, sales taxes,
the proceeds of bonds, or any combination of those funds.
Page -80 -
(b)
Payments made by the commissioner under this subchapter
are in addition to any other funds to which the coastal county may
be entitled under any other state law or program.
(c)
This subchapter does not preclude a contribution to a
qualified project from any state, federal, private, or other
source.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Sec. 33.662.
BONDS ELIGIBLE FOR PURCHASE.
Bonds issued by a
coastal county under this subchapter may be purchased by the Texas
Water Development Board for purposes authorized by Chapter 17,
Water Code.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Sec. 33.663.
shall
be
CONSTRUCTION OF SUBCHAPTER.
liberally
construed
to
accomplish
This subchapter
the
purposes
of
mitigation of coastal erosion and improvement of public access to
public beaches.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff.
June 17, 2005.
Page -81 -